HomeMy WebLinkAbout11-049 - Resolutions RESOLUTION NO. 11-049
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE
ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE
MAINTENANCE DISTRICT NO. 4-11 (TERRA VISTA PLANNED
COMMUNITY) FOR TRACT 18782
WHEREAS, the City Council of the City of Rancho Cucamonga, California, has
previously formed a special maintenance district pursuant to the terms of the "Landscape and
Lighting Act of 1972", being Division 15, Part 2 of the Streets and Highways Code of the State of
California (the "Act", said special maintenance district known and designated as Landscape
Maintenance District No. 4-R (Terra Vista Planned Community) (the "District"); and
WHEREAS, the provisions of Article 2 of Chapter 2 of the Act authorize the
annexation of additional territory to the District ; and
WHEREAS, such provisions also provide that the requirement for the preparation
of resolutions, and assessment engineer's report, notices of public hearing and the right of
majority protest may be waived in writing with the written consent of all of the owners of property
within the territory to be annexed; and
WHEREAS, notwithstanding that such provisions of the Act related to the
annexation of territory to the District, Article XIII D of the Constitution of the State of California
("Article XIII D") establishes certain procedural requirements for the authorization to levy
assessments which apply to the levy of annual assessments for the District on the territory
proposed to be annexed to such District; and
WHEREAS, the owners of certain property described in Exhibit A attached
hereto, and incorporated herein by this reference, have requested that such property
(collectively, the "Territory") be annexed to the District in order to provide for the levy of annual
assessments to finance the maintenance of certain improvements described in Exhibit B hereto
(the "Improvements"); and
WHEREAS, all of the owners of the Territory have filed with the City Clerk duly
executed forms entitled "Consent And Waiver To Annexation Of Certain Real Property To A
Maintenance District And Approval Of The Levy Of Assessments On Such Real Property" (the
"Consent and Waiver"); and
WHEREAS, by such Consent and Waiver, all of the owners of the Territory have
expressly waived any and all of the procedural requirements as prescribed in the Act to the
annexation of the Territory to the District and have expressly consented to the annexation of the
Territory to the District; and
WHEREAS, by such Consent and Waiver, all of the owners of the Territory have
also expressly waived any and all of the procedural requirements as prescribed in the Act
and/or Article XIII D applicable to the authorization to levy the proposed annual assessment
against the Territory set forth in Exhibit B attached hereto and incorporated herein by this
reference and have declared support for, consent to and approval of the authorization to levy
such proposed annual assessment set forth in Exhibit C attached hereto; and
WHEREAS, by such Consent and Waiver, all of the owners of the Territory have
also expressly agreed for themselves, their heirs, successors and assigns that:
(1) The proportionate special benefit derived by each parcel in the Territory
from the District Improvements has been determined in relationship to the entirety of the
maintenance and operation expenses of the Improvements;
(2) The proposed annual assessment does not exceed the reasonable cost
of the proportional special benefit from the Improvements conferred on each parcel in the
Territory.
(3) Only the special benefits derived or to be derived by each parcel in the
Territory from the Improvements have been included in the proposed annual assessment.
WHEREAS, at this time the City Council desires to order the annexation of the
Territory to the District and to authorize the levy of annual assessments against the Territory in
amounts not to exceed the amounts set forth in Exhibit C hereto.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA HEREBY RESOLVES AS FOLLOWS:
SECTION 1: That the above recitals are true and correct.
SECTION 2: The City Council hereby finds and determines that:
a. The annual assessments proposed to be levied on each parcel in the
Territory do not exceed the reasonable cost of the proportional special
benefit conferred on each such parcel from the Improvements.
b. The proportional special benefit derived by each parcel in the Territory
from the Improvements has been determined in relationship to the
entirety of the cost of the maintenance of the Improvement.
c. Only special benefits will be assessed on the Territory by the levy of
the proposed annual assessments.
SECTION 3: This legislative body hereby orders the annexation the Territory to
the District, approves the financing of the maintenance of the Improvements from the proceeds
of annual assessments to be levied against the Territory and approves and orders the levy of
annual assessments against the Territory in amounts not to exceed the amounts set forth in
Exhibit C.
SECTION 4: All future proceedings of the District, including the levy of all
assessments, shall be applicable to the Territory.
Please see the following page
for formal adoption,celcation and signatures
Resolution No. 11-049 - Page 2 of 8
PASSED, APPROVED, AND ADOPTED this 6`h day of April 2011.
AYES: Alexander, Buquet, Spagnolo, Williams
NOES: None
ABSENT: Michael
ABSTAINED: None
g7n
Sam Spagnolo, ay r ro Tem
ATTEST:
Lam.
anice C. Reynolds, City Clerk
I, JANICE C. REYNOLDS, CITY CLERK of the City of Rancho Cucamonga,
California, do hereby certify that the foregoing Resolution was duly passed, approved and
adopted by the City Council of the City of Rancho Cucamonga, California, at a Regular Meeting
of said City Council held on the 6" day of April 2011.
Executed this 7" day of April 2011, at Rancho Cucamonga, California.
p r V
Janice C. Reynolds, City Clerk
Resolution No. 11-049—Page 3 of 8
Exhibit A
Identification of the Owner and Description of the Property to be Annexed
The Owner of the Property is:
LGC SANTA BARBARA AT TERRA VISTA LLC
The legal description of the Property is:
SEE ATTACHED
Assessor's Parcels Numbers of the Property:
1077-422-21, 22 AND 25
Resolution No. 11-049 - Page 4 of 8
Exhibit B
Description of the District Improvements
Fiscal Year 2010/2011
Landscape Maintenance District No. 4-R (Terra Vista Planned Community):
Landscape Maintenance District No. 4-R (Terra Vista Planned Community) (the "Maintenance
District') represents paseos, parkways, median islands, street trees, parks, landscaped sites
and appurtenant facilities that are throughout the Terra Vista Planned Community. These
improvements are located within the street right-of-ways, dedicated public easements and parks
which are within the boundaries of the District. The landscaping maintenance includes, but is
not limited to, the pruning, fertilizing, mowing, weeding, pest control, removal of trash/debris,
and irrigation of the trees, shrubs, vines, ground cover, and turf. Maintenance of associated
improvements, including those within the parks and paseos, includes but is not limited to,
skating, restroom, picnic and playground facility maintenance, fence repair and replacement,
and irrigation and lighting systems control, adjustment, repair and replacement and sport field
maintenance. Services include personnel, materials, contracting services, utilities, capital
projects and all necessary costs associated with the maintenance, replacement and repair
required to keep the improvements in operational and in a safe, healthy, vigorous and
satisfactory condition.
The parks consist of Spruce Park, Mountain View Park, Ralph M. Lewis Park, Coyote Canyon
Park, Milliken Park and West Greenway Park. In addition, it is the City's intention to continue to
use cost effective materials, including the future ability to replace landscaping with drought
resistant or low water use plants, in order to lower expenses of the District.
Proposed additions to the Improvements for Project TRACT 18782:
STREET TREES - 113
Resolution No. 11-049 - Page 5 of 8
Exhibit C
Proposed Annual Assessment
Fiscal Year 2010/2011
Landscape Maintenance District No. 4-R (Terra Vista Planned Community):
The rate per Equivalent Dwelling Unit (EDU) is $380.00 for the fiscal year 2010/2011. The
following table summarizes the assessment rate for Landscape Maintenance District No. 4-R
(Terra Vista Planned Community) for TRACT 18782:
EDU Rate per
Land Use Basis Factor* EDU*
Single Family Parcel 1.00 $380.00
Condominium Unit 0.80 $380.00
Multi-Family Unit 0.70 $380.00
Commercial/ Industrial Acre 3.25 $380.00
Vacant Acre 0.25 $380.00
School Acre 0.25 $380.00
*EDU means Equivalent Dwelling Unit.
The proposed annual assessment for the property described in Exhibit A is as follows:
192 Units x 0.80 EDU Factor x $380.00 Rate Per EDU = 58 368 Annual Assessment
*Each fiscal year beginning Fiscal Year 2011/12, the maximum allowable assessment amount
may be increased by the lesser of 3.5% or the percentage change in the year ending February
preceding the start of the Fiscal Year of the Consumer Price Index for all Urban Consumers
(CPI-U), for the Los Angeles-Riverside-Orange County area.
Resolution No. 11-049 - Page 6 of 8
LEGAL DESCRIPTION
ALL THAT PORTION OF LOT 1 OF TRACT NO. 2202, IN THE CITY OF RANCHO
CUCAMONGA, COUNTY OF SAN BERNARDINO. STATE OF CALIFORNIA. AS PER MAP
THEREOF FILED IN BOOK 34. PAGES til .AND 61' 1/2, INCLUSIVE. IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
COMMENCING AT THE CENTERLINE INTERSECTION OF SPRUCE AVENUE AND TOWN
CENTER DRIVE, AS SHOWN ON AMENDING PARCEL MAP 11030. FILED IN PARCEL MAP
BOOK 145. PAGES 33 THROUGH 39, INCLUSIVE, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY;
THENCE ALONG SAID CENTERLINE OF TOWN CENTER DRIVE SOUTH 890 51' 05" WEST,
61.62 FEET,
THENCE LEAVING SAID CENTERLINE NORTH 000 08' 55" WEST, 44.00 FEET TO A POINT ON
THE NORTHERLY RIGHT-OF-WAY OF SAID TOWN CENTER DRIVE, SAID POINT ALSO
BEING THE POINT OF BEGINNING;
THENCE ALONG SAID RIGHT-OF-WAY LINE SOUTH 89° 51' 05" WEST, 174.53 FEET TO THE
BEGINNING OF A TANGENT CURVE CONCAVE NORTHEASTERLY, HAVING A RADIUS OF
406.00 FEET;
THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 490 08'
55", AN ARC LENGTH OF 348.27 FEET;
THENCE NORTH 410 00' 00" WEST; 55932 FEET TO THE BEGINNING OF A TANGENT CURVE
CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 644.00 FEET;
THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 220 5T
47", AN ARC LENGTH OF 258.10 FEET TO THE BEGINNING OF A REVER5SE CURVE
CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 24.00 FEET, A RADIAL LINE TO
SAID POINT BEARS NORTH 260 02' .12" EAST:
THENCE LEAVING SAID RIGHT-OF-WAY LINE OF TOWN CENTER DRIVE,
NORTHEASTERLY ALONG SAID REVERSE CURVE THROUGH A CENTRAL ANGLE OF 850
01' 18", AN ARC LENGTH OF 35.61 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY
LINE OF ELM AVENUE;
THENCE ALONG SAID RIGHT-OF-WAY LINE NORTH 210 03' 30" EAST, 38.03 FEET TO THE
BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS
OF 467.00 FEET;
THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 200 54'
10", AN ARC LENGTH OF 170.37 FEET;
THENCE NORTH 410 57' 40" EAST, 140.68 FEET TO THE BEGINNING OF A TANGENT CURVE
CONCAVE SOUTHERLY AND HAVING A RADIUS OF 24.00 FEET;
THENCE LEAVING SAID RIGHT-OF-WAY LINE OF ELM AVENUE AND ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 930 00' 00'% AN ARC LENGTH OF 38.96 FEET TO A POINT
ON THE SOUTHERLY RIGHT-OF-WAY LINE OF CHURCH STREET;
Resolution No. 11-049 - Page 7 of 8
LEGAL DESCRIPTION
(continued)
THENCE ALONG SAID RIGHT-OF-WAY LINE SOUTH 45° 02' 20" EAST. 224.69 FEET;
THENCE NORTH 440 57' 40" EAST, 6.00 FEET:
THENCE SOUTH 450 02' 20" EAST, 264.36 FEET TO THE BEGINNING OF A TANGENT CURVE
CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 2,444.00 FEET;
THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 160 117
50", .AN ARC LENGTH OF 690.90 FEET TO THE BEGINNING OF A REVERSE CURVE
CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 24.00 FEET, A RADIAL LINE TO
SAID POINT BEARS SOUTH 280 45' 50" WEST:
THENCE LEAVING SAID RIGHT-OF-WAY LINE OF CHURCH STREET SOUTHERLY ALONG
SAID CURVE THROUGH A CENTRAL ANGLE OF 81- 19' 48", AN ARC LENGTH OF 34.07 FEET
TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF SAID SPRUCE AVENUE, SAID
POINT ALSO BEING THE BEGINNING OF A REVERSE CURVE CONCAVE SOUTHEASTERLY
AND HAVING A RADIUS OF 1,044.00 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH
69° 54'22" EAST;
THENCE SOUTHERLY ALONG SAID RIGHT-OF-WAY AND SAID CURVE THROUGH A
CENTRAL ANGLE OF 120 55' 36",AN ARC LENGTH OF 235.54 FEET TO THE BEGINNING OF A
REVERSE CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 24.00 FEET, A
RADIAL LINE TO SAID POINT BEARS SOUTH 82°49' 57" EAST;
THENCE LEAVING SAID RIGHT-OF-WAY LINE OF SPRUCE AVENUE SOUTHWESTERLY
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 820 41' 02", AN ARC LENGTH OF
34.63 FEET TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM ALL OIL, GAS, MINERALS, HYDROCARBON AND KINDRED
SUBSTANCES LYING BELOW A DEPTH OF 500 FEET, BUT WITHOUT THE RIGHT OF
SURFACE ENTRY, AS GRANTED TO WESTERN SUPPLY CORP. BY DEED RECORDED
SEPTEMBER 17, 1979; IN BOOK 9772. PAGE 1'62, OF OFFICIAL RECORDS.
APNS: 1077-422 21,22 AND 25
Resolution No. 11-049 - Page_8 of 8